1. Introduction 

This document constitutes the Terms of Service (“ToS”) for the use of the nBold software solution (“Service”) provided by SalesTim, a company established under French law (“Provider”). By accessing or using the Service, you (“Client”) agree to be bound by these terms. If you do not agree to these terms, you must not use the Service.

2. Service Description

The Service is a B2B software solution designed to enhance collaborative working by allowing the creation and automation of Microsoft Teams Templates. Different plans for the Service are offered, as described in the associated documentation.

3. Account Management

• Administrator: The Client will designate one employee as the Administrator, who will be the unique contact for the Provider. The Administrator is responsible for managing user accounts, training users, and ensuring compliance with these ToS.
• User Accounts: Access to the Service is limited to authorized employees of the Client who have an account via the company Azure Active Directory. User accounts are personal and confidential.

4. Access to the Service

• Personal, Non-Exclusive, Non-Transferable License: The access provided to the Client is personal, non-exclusive, and non-transferable. The Client is responsible for ensuring that the technical and material prerequisites are met.
• Audit Rights: The Provider reserves the right to audit the conditions of use of the Service by the Client to ensure compliance with these terms.

5. Training and Assistance

• Initial Training: The Provider will offer a free 30-minute remote training session for the Administrator at the start of the Agreement.
• Documentation and Support: Documentation is available on docs.nbold.co. The Provider offers technical assistance via online chat for users and email support for the Administrator during business hours.

6. Service Level Agreement (SLA)

The Provider commits to using best efforts to ensure the Service is available 99.9% of the time, excluding maintenance periods and force majeure events. Details of the SLA are provided in a separate document.

7. Updates and Maintenance

• Updates: The Client will benefit from updates and potential developments in accordance with the chosen plan.
• Maintenance: Scheduled maintenance may cause temporary unavailability of the Service. The Provider will inform the Client in advance of such maintenance.

8. Financial Conditions

• Pricing: The price for the use of the Service is based on the chosen plan and the number of users. Payment is due in advance for the initial period and subsequent renewals.
• Late Payment: In the event of late payment, interests will apply at an annual rate of 10%, along with a fixed indemnity of €40 for recovery costs. The Provider may suspend access to the Service until payment is received.

9. Client Obligations

The Client agrees to:

• Collaborate actively throughout the Agreement.
• Provide necessary information and documents for the performance of the Agreement.
• Protect access to the Service and keep identifiers confidential.
• Comply with applicable laws and regulations, particularly those related to data protection.

10. Data Protection

• Compliance: Both parties will comply with all applicable requirements of the General Data Protection Regulation (GDPR).
• Client Data: The Client is solely responsible for the content/data transmitted and/or downloaded by their users. The Provider will delete Client data within 30 days following the end of the Agreement unless otherwise required by law.

11. Intellectual Property

The Provider retains all property rights, including intellectual property rights, to the Service and its components. The Client is granted a non-exclusive, non-transferable license to use the Service for the duration of the Agreement.

12. Confidentiality and Independence

• Confidentiality: Both parties agree to maintain the confidentiality of all exchanged information during the Agreement and for two years after its termination.
• Independence: The parties are independent and do not have a relationship of subordination.

13. Liability

The Provider will use reasonable efforts to provide the services in accordance with the Agreement and the SLA. The Provider is not liable for indirect, immaterial, or unforeseeable damages. The total liability of the Provider is limited to the amount paid by the Client for the services concerned in the preceding 12 months.

14. Force Majeure

Neither party shall be liable for non-performance resulting from force majeure events. In such cases, the affected party will notify the other, and performance of the Agreement will be suspended until the end of the force majeure event.

15. Termination

The Agreement may be terminated by either party with 30 days’ written notice in the event of a serious breach not remedied within that period. The Provider may terminate the Agreement immediately if the Client undergoes collective proceedings.

16. Miscellaneous

• Amendments: Any changes to these ToS must be agreed upon in writing by both parties.
• Severability: If any provision is found to be invalid, the remaining provisions will continue to be effective.
• Governing Law: These ToS are governed by French law, and any disputes will be resolved in the courts of Paris, France.

17. Publicity

The Provider may use the Client’s name, brands, and logo for promotional purposes with prior consent, which may be revoked by the Client.